Memos and Briefing Notes

CCSI Submission to Bonsucro re Production Standard v5

In July 2020, CCSI made a formal submission to Bonsucro, an international multi-stakeholder initiative and certification scheme concerned with promoting sustainable sugar cane production. The submission formed part of consultations for Bonsucro’s draft Production Standard version 5. CCSI’s submission focused on challenges associated with implementing, and auditing for compliance with, three aspects of Bonsucro’s draft standard,… read more

Government Briefing: Incorporating Free, Prior and Informed Consent (FPIC) into Investment Approval Processes

Investment approval processes are the gateway through which governments set the agenda for their country’s investment environment. Yet too often these processes fail to incorporate meaningful requirements regarding participation in decision-making by Indigenous and other affected communities, increasing the risk of under-performing and conflict-ridden investments. This briefing will explain how host governments can incorporate FPIC and meaningful consultation into each stage of the investment approval process.

Call for ISDS Moratorium During COVID-19 Crisis and Response

We call on the world community for an immediate moratorium on all arbitration claims by private corporations against governments using international investment treaties, and a permanent restriction on all arbitration claims related to government measures targeting health, economic, and social dimensions of the pandemic and its effects.

Executive Summary on Ensuring Economic Viability and Sustainability of Coffee Production

This briefing note presents our research into sustainability within the coffee sector, including the results of our analytical and empirical modeling, and provides several recommendations.

Legal Frameworks & Foreign Investment: A Primer on Governments’ Obligations

Legal frameworks, and how they interact, are often invisible in the day to day. Yet they are powerful forces that influence government actions and that help to shape who benefits and who loses from foreign investment. Understanding these legal frameworks, and how they interact, is critical for anyone concerned with how foreign investment can be… read more

Reputational and Integrity Due Diligence on Investors

CCSI has long advocated in its trainings and advisory work for governments to perform due diligence on prospective investors. However, little guidance exists for governments on how to decide what level of due diligence is necessary, how to perform basic checks, and when to engage with third parties. CCSI has teamed up with Kroll to help fill this information gap with this guidance document.

Agricultural Investments: A Primer for Host Government Lawyers and Local Lawyers in Private Practice

Attracting investment in agriculture has been a key policy goal of governments in the global south. Development partners have supported these policies. But what do governments hope to achieve by attracting investment in the agricultural sector? Why are companies interested in investing? What is in it for local communities? And what is the role of… read more

CCSI Submissions to UNCITRAL ISDS Reform Process

To contribute to UNCITRAL’s work on how to reform international investment treaties, CCSI, together with the International Institute for Environment and Development (IIED) and the International Institute for Sustainable Development (IISD), submitted four documents outlining potential reform options and considerations.

Briefing for Civil Society Organizations – Understanding Commercial Eucalyptus Plantations: How Do They Work and What Are Their Environmental Impacts?

If a company wants to use a community’s land for eucalyptus plantations, the community should think carefully about whether this is a good idea. Civil society organizations that support communities can use this briefing to help communities understand the potential environmental impacts the community should be aware of. The briefing explains plantation forestry and the… read more

CCSI Submits Written Views to US Department of State Regarding UNCITRAL’s Working Group III

In connection with the US Department of State’s Annual Advisory Committee on Private International law meeting in May 2019, CCSI submitted written views (available here) regarding UNCITRAL’s Working Group III on ISDS reform. CCSI’s comments highlighted specific areas of CCSI’s research as it relates to the US Government and its work within the Working Group…. read more